SARA Title III Program
Section 311 - Material Safety Data Sheet Submission, &
Section 312 - Emergency and Hazardous Chemical Inventory Reporting
What's New? | Section 311-MSDS | Section 312-Tier II
What's New?
Federal EPA Tier II Reporting System (Tier2 Submit)
Virginia is a participant in the new Tier II Reporting Program (Tier2 Submit). The old Windows Tier II reporting system will no longer be supported. Please download the reporting software program by clicking here. Please see Virginia Tier II reporting program for Virginia reporting requirement.
New VA SARA Title III Tier-II Electronic Report Submittal e-mail address:
A facility may submit the Tier II report to the Virginia Emergency Response Council (VERC) c/o Virginia DEQ using the above e-mail address or mail us a zip file on a diskette, and then do one of the two options listed below:
- Mail us an original signed printed copy of a Tier II report from the TierIISubmit reporting software, or
- Incorporate the content of this Virginia-specific sample certification letter (sample certification letter) in your facility's business cover letter, sign and mail it to us.
A facility's Tier II Report submittal will be deemed complete when this office receives both the electronic submittals and the original signed certification.
EPCRA Program, Compliance, Guidance, and Chemical Information
http://www.epa.gov/emergencies/content/epcra/index.htm
US EPA Office of Emergency Management
http://www.epa.gov/emergencies/programs.htm
Tier II Reporting Exemption for Retail Gas Stations
- Effective beginning for 1998 reporting
http://www.epa.gov/emergencies/lawsregs.htm - Regulatory summary and links
OR http://www.epa.gov/fedrgstr/EPA-GENERAL/1999/February/ Day-11/g3255.htm - Federal register- Retail Gas Stations Exemption
Regulatory relief
U.S. EPA provided regulatory relief for retail gas stations in Sections 311 and 312 reporting effective beginning for the 1998 reporting year. The regulatory relief exempts retail gas stations from reporting to Sections 311 and 312, if the tanks hold less than 75,000 gallons of gasoline or 100,000 gallons of diesel fuel and that the facility is in full compliance with the underground storage tank requirements. This change applies only if a facility stores its fuel entirely underground and is not subject to tougher state requirements.
Section 311 - Material Safety Data Sheet (MSDS)
A facility that stores, uses, or produces chemicals requiring Material Safety Data Sheets (MSDSs) under the Occupational Safety and Health Administration (OSHA) hazard communication standard must have copies of the MSDSs of all those chemicals requiring reporting; or a single list of all those chemicals requiring reporting, grouped by hazard category provided to the Virginia Emergency Response Council (VERC), and to the Local Emergency Planning Committee (LEPC), and to the local fire department with jurisdiction over the facility. The Virginia Emergency Response Council prefers one list of all reportable chemicals, grouped by hazard category. Regulated entities should contact the appropriate LEPC for their preference and that of the appropriate local fire department.
Hazardous chemicals subject to reporting:
- MSDS hazardous chemicals
- Extremely Hazardous Substances (EHSs)
- Petroleum products (certain exemptions)
Hazardous chemicals exempt from reporting:
- EPCRA-specific exemptions:
- The FDA exemption
- Solids in manufactured items
- Consumer products
- Laboratory chemicals
- Agricultural chemicals
- Retail gas stations in compliance with underground storage tank (UST) regulations storing gasoline and diesel fuel entirely underground
- The OSHA exemptions:
- Hazardous wastes regulated by RCRA.
- Tobacco or tobacco products.
- Wood or wood products.
- Manufactured items.
- Foods, drugs, cosmetics or alcoholic beverage in a retail establishment which are packaged for sale to public.
- Foods, drugs, cosmetics intended for personal consumption by employees while in the workplace.
- Consumer products when used in the workplace.
- Any drugs in solid, final form for direct administration to the patient.
- No exposure hazardous chemicals.
- Transportation exemption*
Sect. 311 reporting threshold:
- EHS - greater than or equal to 500 lbs. or the individual chemical's threshold planning quantity (TPQ) - whichever is less, at any one time.
- For most MSDS hazardous chemicals - greater than or equal to 10,000 lbs. at any one time.
- De minimis concentration: 1% by weight for hazardous chemicals and 0.1% for EHS carcinogen.
- A facility must report within 3 mos. after the facility first handles a hazardous chemical required to have a MSDS by OSHA.
Section 312 - Virginia Tier II reporting requirements
Section 312 Tier II software (Tier2 Submit) is available online from EPA.
EPA and the Virginia Emergency Response Council encourage the use of the new Tier II reporting system and form.
1. Virginia EPCRA Section 312 - Tier II reporting program requires the use of federal Tier II form or electronic reporting system; does not assess a fee for report submittal; has the same requirements as the federal regulations; and accepts the electronic form or the hard copy Tier II reports.
2. All electronic (diskette or e-mail) Tier II report submittals to Virginia (VERC and LEPC) must be accompanied by a signed copy of the report or a (facility-specific) cover letter with appropriate Tier II certification language, signature and date. The cover letter should include facility name, its physical address, and the names of all chemicals reported. Any diskette or e-mail reporting received without a signed certification statement shall be deemed an incomplete submittal and non-compliant.
For e-mail submittal, please indicate in the e-mail the date of the mail-out and, if applicable, the certified/registered/express mail number of the signed certification. Upon receipt of the signed certification, the electronic submittal will be considered complete (see Virginia sample certification letter).
The recorded date for the electronic submittals is based on the certification date and the recorded date of receipt of the electronic submittals is based on the date the signed certification is received.
3. Virginia SARA Title III program office is no longer sending Section 312 - Tier II reporting reminders to regulated facilities due to staffing shortage. Affected facilities are expected to comply with the federal Tier II regulations and submit the report by March 1 of each year for the activities occurring in the preceding year.
4. All reporting facilities are required to submit a Tier II report to the Virginia Emergency Response Council (VERC) and a copy to the Local Emergency Planning Committee (LEPC) (please check the LEPC list for the appropriate contact), and to the local fire department with jurisdiction for the facility. The address for VERC is:
Virginia Emergency Response Council (VERC)
c/o Virginia DEQ
SARA Title III Program Office
PO Box 1105
Richmond, VA 23218
Virginia Emergency Response Council (VERC)
c/o Virginia DEQ
SARA Title III Program
629 E. Main St.
Richmond, VA 23219
What is Considered Tier II Reporting Non-Compliance:
Omission of or Incomplete:
- Reporting year designation
- Name and signature
- Certification date
- Facility physical address
- 2 contact names (daytime and 24-hour emergency information)
- Chemical physical and hazard information
- Quantification information
- Chemical storage information. e.g.: "Building #333" or "the Old Warehouse" (without a site map or additional reference to guide emergency respondent to the exact where about or the storage nature or the chemical).
Warning: On March 1 of each year, a Tier II report is due for activities occurring in the preceding year. Please do not submit Tier II report with a reporting year designation referencing the present or future year, because it will not be filed nor processed by this office. If we receive a Tier II report that references a reporting year in the past, that Tier II report will be treated as a revision (regardless of the date of the signature). A facility submitting an erroneous reporting year will be considered in non-compliance. This Office will not and does not make assumptions as to the correct reporting year submittal a facility is submitting, even if that submittal occurs during the March 1 reporting period.
As with Section 311, facility owners and operators responsible for this reporting requirement include manufacturing and non-manufacturing facilities subject to the OSHA hazard communication standard and maintaining "hazardous chemicals" at the facility in amounts above the established reporting thresholds:
The final reporting thresholds for Section 312 apply to:
- Non-extremely hazardous substances, or hazardous chemicals present at a facility in quantities equal to or greater than 10,000 pounds, and/or
- Extremely hazardous substances present at a facility in quantities equal to or greater than 500 pounds, or the "threshold planning quantity," whichever is less.